Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

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ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
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239.217.3723
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OUR RECENT VICTORIES

Mar 4, 2020 Case: 19-CT-017527 Judge Myers
Facts: The defendant was stopped for following another car too closely and speeding. The officer noticed an odor of alcohol, slurred speech, and unstable balance. The defendant performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: Prior to trial, the firm pointed out to the State that the the defendant had medical issues, yet the officer still had him do the one leg stand versus non physical exercises. Also, many observations were contradicted by the video as the defendant's speech was not slurred and he was not off balance. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 3, 2020 Case: 19-CT-021367 Judge Friedland
Facts: The defendant was the at fault driver in a crash. He made a wide turn and hit someone head on. The officer observed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. He swayed and was very unsteady. After performing the roadside tests, he was arrested for DUI. He later blew a .107 a and .106 in the breath machine.
Defense: The video evidence contradicted a large majority of what as written in the reports. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 3, 2020 Case: 19-CT-045707 Judge Friedland
Facts: A concerned citizen called police after observing the defendant chugging beers in a Publix parking lot and then drive off. Police then stopped the vehicle. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank 3 beers. He also had slurred speech and his dexterity was clumsy. He performed poorly on the roadside tests and was arrested for DUI. The officer asked for a blood test. The defendant agreed and the FDLE report later indicated a blood alcohol level .186 and .185.
Defense: If an officer asks for a voluntary blood test outside of a hospital, the defendant must be informed that it is an alternative to a breath or urine test. Here, the officer did not inform the defendant of that. It was also unclear why the officer was even asking for blood versus taking him to jail to provide a breath test. Thus, the blood would have been suppressed from evidence. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 3, 2020 Case: 19-CT-045707 Judge Friedland
Facts: A concerned citizen called police after observing the defendant chugging beers in a Publix parking lot and then drive off. Police then stopped the vehicle. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank 3 beers. He also had slurred speech and his dexterity was clumsy. He performed poorly on the roadside tests and was arrested for DUI. The officer asked for a blood test. The defendant agreed and the FDLE report later indicated a blood alcohol level .186 and .185.
Defense: If an officer asks for a voluntary blood test outside of a hospital, the defendant must be informed that it is an alternative to a breath or urine test. Here, the officer did not inform the defendant of that. It was also unclear why the officer was even asking for blood versus taking him to jail to provide a breath test. Thus, the blood would have been suppressed from evidence. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 3, 2020 Case: 19-CT-021367 Judge Friedland
Facts: The defendant was the at fault driver in a crash. He made a wide turn and hit someone head on. The officer observed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. He swayed and was very unsteady. After performing the roadside tests, he was arrested for DUI. He later blew a .107 a and .106 in the breath machine.
Defense: The video evidence contradicted a large majority of what as written in the reports. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 2, 2020 Case: 2019-MM-003600 Judge D. Roberts
Facts: The defendant was at the wheel of her Boat when she was ordered by Florida Fish and Wildlife police come to the dock, as she was violating a restricted speed zone. The officer noticed an odor of alcohol and bloodshot eyes. The defendant stated she had consumed two drinks. She then performed roadside tests on the officer's boat. She was then arrested for Boating Under the Influence. The defendant refused the breath test after her arrest.
Defense: Bloodshot eyes can also have come from being on the water and in the sun, not just alcohol. Based on odor and bloodshot eyes, there was no reasonable suspicion of a crime (i.e. no impairment) to even request field sobriety tests to begin with. Also, when the officer did the eye test (HGN), he got an angle of onset in her eyes prior to 45 degrees. This meant that the defendant may been under the legal limit at the time of driving the boat. This is based on a theory called Tharp's Formula. The State dropped the BUI and the defendant received no conviction on her record.
Result: The State dropped the DUI.
Mar 2, 2020 Case: 2019-MM-003600 Judge D. Roberts
Facts: The defendant was at the wheel of her Boat when she was ordered by Florida Fish and Wildlife police come to the dock, as she was violating a restricted speed zone. The officer noticed an odor of alcohol and bloodshot eyes. The defendant stated she had consumed two drinks. She then performed roadside tests on the officer's boat. She was then arrested for Boating Under the Influence. The defendant refused the breath test after her arrest.
Defense: Bloodshot eyes can also have come from being on the water and in the sun, not just alcohol. Based on odor and bloodshot eyes, there was no reasonable suspicion of a crime (i.e. no impairment) to even request field sobriety tests to begin with. Also, when the officer did the eye test (HGN), he got an angle of onset in her eyes prior to 45 degrees. This meant that the defendant may been under the legal limit at the time of driving the boat. This is based on a theory called Tharp's Formula. The State dropped the BUI and the defendant received no conviction on her record.
Result: The State dropped the DUI.
Feb 18, 2020 Case: 19-CT-503983 Judge Paluck
Facts: The defendant was found passed out and unresponsive. EMS was called and they got the defendant to regain consciousness. They then brought him into the ambulance for treatment. Police arrived on scene and noticed the defendant to have an odor of alcohol, mumbled speech, and glassy eyes. He seemed confused, clumsy, and was falling asleep. He performed poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Under Florida Statute 901.15, an officer must observed all elements off a misdemeanor crime, such as a DUI. In a DUI, the officer must see the defendant behind the wheel when there is no crash. Here, no officer observed the defendant behind the wheel as he was coming out of the ambulance when police arrived. Thus, the arrest was unlawful pursuant to the above mentioned statue. The State Dropped the DUI.
Result: The State dropped the DUI.
Feb 18, 2020 Case: 19-CT-503983 Judge Paluck
Facts: The defendant was found passed out and unresponsive. EMS was called and they got the defendant to regain consciousness. They then brought him into the ambulance for treatment. Police arrived on scene and noticed the defendant to have an odor of alcohol, mumbled speech, and glassy eyes. He seemed confused, clumsy, and was falling asleep. He performed poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Under Florida Statute 901.15, an officer must observed all elements off a misdemeanor crime, such as a DUI. In a DUI, the officer must see the defendant behind the wheel when there is no crash. Here, no officer observed the defendant behind the wheel as he was coming out of the ambulance when police arrived. Thus, the arrest was unlawful pursuant to the above mentioned statue. The State Dropped the DUI.
Result: The State dropped the DUI.
Feb 12, 2020 Case: 19-CT-002783 Judge Sestak
Facts: The defendant was found passed out at a gas pump. The defendant advised he was too drunk to drive so he pulled over. Officers noticed an odor of alcohol, glassy eyes, and he was very unsteady. The defendant advised he had been drinking alcohol all day. He refused roadside tests and was arrested for DUI. He later refused the breath test.
Defense: On video, the officer received a cell phone call during the DUI investigation. Prior to asking the defendant to do roadsides, the officer is heard telling the caller on the cell phone, referring to the defendant, that he was "gonna snatch his ass and read him implied consent.” In other words, he already had his mind made up he was going to arrest him prior to any investigation. This was brought to the State's attention who hadn't watched the video. The State Dropped the DUI.
Result: The State dropped the DUI.
Feb 12, 2020 Case: 19-CT-002783 Judge Sestak
Facts: The defendant was found passed out at a gas pump. The defendant advised he was too drunk to drive so he pulled over. Officers noticed an odor of alcohol, glassy eyes, and he was very unsteady. The defendant advised he had been drinking alcohol all day. He refused roadside tests and was arrested for DUI. He later refused the breath test.
Defense: On video, the officer received a cell phone call during the DUI investigation. Prior to asking the defendant to do roadsides, the officer is heard telling the caller on the cell phone, referring to the defendant, that he was "gonna snatch his ass and read him implied consent.” In other words, he already had his mind made up he was going to arrest him prior to any investigation. This was brought to the State's attention who hadn't watched the video. The State Dropped the DUI.
Result: The State dropped the DUI.
Feb 11, 2020 Case: 19-CT-017389 Judge Conrad
Facts: The defendant was stopped for driving at a slow rate of speed (15 mph in a 30 mph zone). The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant was very unsteady on video and non responsive. The defendant could not perform any roadside tests due to his intoxication level. He was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: In order to violate Florida's Statute by driving too slow, one must affect and/or impede other traffic. The firm provided case law to the State that the stop was unlawful. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Feb 11, 2020 Case: 19-CT-017389 Judge Conrad
Facts: The defendant was stopped for driving at a slow rate of speed (15 mph in a 30 mph zone). The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant was very unsteady on video and non responsive. The defendant could not perform any roadside tests due to his intoxication level. He was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: In order to violate Florida's Statute by driving too slow, one must affect and/or impede other traffic. The firm provided case law to the State that the stop was unlawful. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Feb 10, 2020 Case: 19-021218MU10A Judge Evans
Facts: The defendant was stopped for both speeding and weaving. He admitted to drinking three beers and had slurred speech. In addition, the officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant refused to perform any field sobriety tests or a breath test. A few months after this case, the defendant was arrested again on a new charge of DUI. The prosecutor filed a motion to revoke the defendant's bond and have him incarcerated. Counsel presented the video which contradicted many of the officer's conclusions.
Defense: Rather than revoke the defendant's bond, the prosecutor agreed to drop the DUI on the first case. The second case is still pending.
Result: The State dropped the DUI.
Feb 10, 2020 Case: 19-CF-009983 Judge K. Fernandez
Facts: The defendant was the at fault driver in a traffic crash whereby he left the scene. When officers finally caught him, they observed the defendant to have slow/slurred speech, and constricted pupils. He also had blood shot eyes, swayed, and was nodding off. The officers believed he was impaired by a chemical or controlled substance. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, officers found liquid, which they believed to be liquid hydrocodone, to which the defendant did not have a prescription. He was he was also charged with Felony possession. This was also the defendant's Second DUI.
Defense: First, the firm was able to prove that the drug was not hydrocodone and the officers were wrong. The felony was Dismissed. Also, to convict a defendant of DUI, one has to be impaired by alcohol and/or a chemical and/or a controlled substance. Here, the State could not prove what substance (i.e. not hydrocodone) was impairing the defendant. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Feb 10, 2020 Case: 19-CF-009983 Judge K. Fernandez
Facts: The defendant was the at fault driver in a traffic crash whereby he left the scene. When officers finally caught him, they observed the defendant to have slow/slurred speech, and constricted pupils. He also had blood shot eyes, swayed, and was nodding off. The officers believed he was impaired by a chemical or controlled substance. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, officers found liquid, which they believed to be liquid hydrocodone, to which the defendant did not have a prescription. He was he was also charged with Felony possession. This was also the defendant's Second DUI.
Defense: First, the firm was able to prove that the drug was not hydrocodone and the officers were wrong. The felony was Dismissed. Also, to convict a defendant of DUI, one has to be impaired by alcohol and/or a chemical and/or a controlled substance. Here, the State could not prove what substance (i.e. not hydrocodone) was impairing the defendant. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Feb 10, 2020 Case: 19-021218MU10A Judge Evans
Facts: The defendant was stopped for both speeding and weaving. He admitted to drinking three beers and had slurred speech. In addition, the officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant refused to perform any field sobriety tests or a breath test. A few months after this case, the defendant was arrested again on a new charge of DUI. The prosecutor filed a motion to revoke the defendant's bond and have him incarcerated. Counsel presented the video which contradicted many of the officer's conclusions.
Defense: Rather than revoke the defendant's bond, the prosecutor agreed to drop the DUI on the first case. The second case is still pending.
Result: The State dropped the DUI.
Feb 7, 2020 Case: 2019-CT-504346 Judge Gonzalez
Facts: The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, watery/bloodshot eyes, and slurred speech. She stated she had consumed two glasses of wine and appeared unsteady. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .102 and a .101 in the breath machine.
Defense: When the NHTSA manual on roadside tests was created, it stated that an officer should use caution or not even administer the walk and turn or one leg stand to to individuals 60 years old or older. Here, the officer administered those difficult physical tests to a defendant who was almost 70 years old. The State Dropped the DUI.
Result: The State dropped the DUI.
Feb 7, 2020 Case: 2019-CT-504346 Judge Gonzalez
Facts: The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, watery/bloodshot eyes, and slurred speech. She stated she had consumed two glasses of wine and appeared unsteady. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .102 and a .101 in the breath machine.
Defense: When the NHTSA manual on roadside tests was created, it stated that an officer should use caution or not even administer the walk and turn or one leg stand to to individuals 60 years old or older. Here, the officer administered those difficult physical tests to a defendant who was almost 70 years old. The State Dropped the DUI.
Result: The State dropped the DUI.
Feb 4, 2020 Case: 19-MM-007569 Judge Collins
Facts: The defendant was seen by civilians driving erratically and into oncoming traffic. When officers arrived, they observed an odor of alcohol, slurred speech, and blood shot eyes. The defendant stated she had consumed 2-3 mixed drinks. After performing the field sobriety tests, she was arrested for DUI.
Defense: When officers arrived, the defendant was outside her car. Since there was no crash, the arrest was unlawful under Florida Statute 901.15 as no officer saw her behind the wheel.
Result: The State dropped the DUI.

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